Aaron Anthony Torres v. State
13-14-00031-CR
| Tex. App. | Sep 1, 2015Background
- In 2010, minor complainant G.T. (then 12) made an outcry at Cedar Crest stating her father, Aaron Torres, had raped and sexually assaulted her beginning at age eight and continuing to eleven.
- G.T. told a therapist and provided a written outcry; CPS and police were notified and Dr. Ann Sims evaluated her at the Advocacy Center.
- Torres was indicted on seven counts: continuous sexual abuse (Count 1), aggravated sexual assault of a child (Counts 2–4), and indecency with a child by contact (Counts 5–7).
- At trial G.T. testified and was cross-examined; the jury convicted Torres on all counts and sentenced him to life on Counts 1–4 and 20 years on Counts 5–7.
- On appeal Torres raised (1) a Confrontation Clause challenge to the exclusion of a 2013 video of G.T., (2) a claim that the State failed to comply with article 38.072’s notice/hearing requirements for admitting the outcry, and (3) a cumulative‑error claim.
Issues
| Issue | Plaintiff's Argument (Torres) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Admissibility of 2013 video under Confrontation Clause | Video shows G.T.’s mental state and credibility; exclusion violated right to confront and impeach witness | Video was marginally relevant, duplicative of other testimony, and occurred three years after the outcry; trial court has discretion to limit cross‑examination | Trial court did not abuse discretion; exclusion upheld (Confrontation Clause not a backdoor to admit otherwise inadmissible impeachment evidence) |
| Admission of outcry under Tex. Code Crim. Proc. art. 38.072 | State failed to provide 14‑day notice and did not hold required preliminary hearing before admitting outcry | Outcry was admitted at trial and Torres did not timely object on article 38.072 grounds | Issue not preserved for appeal because Torres failed to make a proper trial‑level objection; claim overruled |
| Cumulative error | Cumulative effect of alleged errors denied fair trial | No trial errors to cumulate | Overruled — no cumulative error when no underlying errors found |
Key Cases Cited
- Maryland v. Craig, 497 U.S. 836 (right to confront witnesses includes observing demeanor and cross‑examination)
- Delaware v. Fensterer, 474 U.S. 15 (Confrontation Clause satisfied by full and fair cross‑examination)
- Oprean v. State, 201 S.W.3d 724 (trial court's evidentiary rulings reviewed for abuse of discretion)
- Irby v. State, 327 S.W.3d 138 (trial court has wide latitude to impose reasonable limits on cross‑examination)